àLaCart Art

Terms Of Use

Terms Of Use

TERMS AND CONDITIONS

Welcome to aLaCart ArtInc TERMS OF USE

Thank you for purchasing for your Open Event (public) aLaCart Art ticket/RSVP! These Terms of Use govern your use of the aLaCart Art event service, as well as the use of the ticket/RSVP, including all features of aLaCart Art’s website, user experience, all content associated therewith collectively the aLaCart Art event service. When you or the person for whom you have purchased the ticket eventually utilize the ticket you/they will sign up for an aLaCart Art event and will be bound by the event’s set of terms and conditions. By using, visiting, or browsing the aLaCart Art website, you accept and agree to be bound by these our terms. If you do not agree to these our terms, you should not use the aLaCart Art event services, including the Website, and you should not purchase a ticket. These terms hereby, form a binding contract between you and Brainiac Arts Inc., a Florida Corporation (dba, “aLaCart Art”).

Our terms are also a resource for a better understanding of how the aLaCart Art event service works, including the kinds of data collected, how tickets are processed, how aLaCart Art interacts with you and other useful details about the aLaCart Art service. aLaCart Art hopes you enjoy your aLaCart Art painting experience.

DEFINITIONS

The term “event” means the event you or the person for whom you purchased the ticket utilizes the ticket to attend.

Payment Method – The term “Payment Method” means the method of your payment for the ticket that you indicated during your purchase of the ticket.

All references herein to “you” or “your” shall mean and refer to the person who purchased the ticket, and includes any persons that eventually utilize the ticket to attend the event.

The term “venue” shall mean the location where events take place.

The term “Website” shall mean the website hosted by aLaCart Art: aLacartart.COM(and all pages contained therein).

The term “ticket or RSVP” shall mean a revocable license or licenses which you or a person for whom you have purchased the ticket may utilize to attend the event, and includes any gift ticket purchased.

ArtWork: The term “ArtWork” includes any visual depiction uploaded from our website in any manner, in the aLaCart Art Gallery.

Resident Artiste: The term refers to the lead artist of an event, sometimes referred as an “RA”.

How aLaCart Art event service works

aLaCart is an entertainment service that will provide an evening of painting instruction at the venue.

aLaCart Art reserves the right to sole and absolute discretion to make changes without notice in operation of our services. Any description of the event service should not be considered a representation or obligation with respect to the event service works, as aLaCart Art consistently makes adjustments to our service and often these adjustments are not always represented in the terms.

Availability. The availability of aLaCart Art event venues change occasionally and potentially change on the day of the event. The availability of a specific artist/instructor at the event may change at aLaCart Art’s sole discretion. While aLaCart Art will endeavor to make the lead artist/RA for an event, the lead artist/RA may change at aLaCart Art’s sole discretion without notice.

Materials Provided. aLaCart Art provides all paint, canvases, brushes, easels, and aprons for an event. While aLaCart Art controls quality over the materials it uses, the quality of the paint, canvases, brushes, easels, aprons and artist may vary from time-to-time and may affect a variety of factors.

End result. aLaCart Art cannot make any representations or warranties about the quality of any painting or individual experience at an event. Every painting is unique, and the expectation that your painting will resemble the paintings posted on our website is unwarranted.Start Time. aLaCart Art will make every effort to begin instruction at the posted time and finished in two hours unless stated, however, the time it takes to begin and complete the instruction will vary based on several factors, therefore aLaCart Art makes no representation as to the exact length time at an event.

Capacity Limitations: Event capacity is limited to the venue where an event is hosted. aLaCart Art recommends 30 minutes prior but no less than 15 minutes to the start of the event to be seated with materials.aLaCart ArtWork: ALaCart Art may change the featured painting to be painted at the event and may make such change without notice.

III. UNAUTHORIZED USE

aLaCart Art, ArtWork is designed by, and for, aLaCart Art, with the exception of a Masterpiece by one of the great artist in history solely for the purpose of education, and your painting at the event, and may not be copied or reproduce in any portion thereof, and may not be for sale, lease or distribute for monetary gain of any reproduction of any aLaCart ArtWork, including the painting personally paint at an event. Any unauthorized uses of aLaCart ArtWork is strictly prohibited and considered to be copyright infringement.

IV. PRIVACY POLICY AND COMMUNICATION WITH YOU

Any personally identified information submitted to the aLaCart Art event service is subject to aLaCart Art’s Privacy Policy, the terms of which are incorporated herein as referenced.

Use of the aLaCart Art event service is expressly and/or implied consent to receive communications, electronic or otherwise, from aLaCart Art, i.e. newsletters about new features, special offers, promotional announcements and customer surveys via email or other methods and lasts until aLaCart Art is informed that communications is no longer wanted or required. If you no longer want to receive the newsletters, other promotional announcements or other communications, send email to: info@aLaCartArt.com and ask to be removed from like correspondence.

Additionally, to utilize aLaCart Art event service expressly and/or is to imply consent to receive electronic communications from aLaCart Art relative to your purchase, including notices about your purchase (e.g., change in event time or venue or Payment Method, confirmation e-mails and other transactional information), and information concerning or related to the aLaCart Art event service. These communications are part of your relationship with aLaCart Art and receive them as part of the aLaCart Art event service. You agree to any notice, agreements, disclosure or other communications aLaCart Art sends to you electronically will satisfy any legal communication requirements, including, but not limited to, as such communications in writing.

aLaCart Art will not sell or share any email address to any third party.

GIFT TICKET CONDITIONS

When purchasing a gift ticket/RSVP, indicate a regional location where the gift ticket will be used. Once selected, the gift ticket may only utilized in the selected region, unless authorized by aLaCart Art in writing.

Gift tickets may only be utilized to attend an event, and may not be exchanged for any other item. Each gift ticket has a maximum redemption value of $45 per each unless stated otherwise.

Gift Tickets/RSVP are not refundable and have no cash value. However, gift tickets are transferrable within a region once and for the time of one year.

aLaCart Art has no further obligations with respect to the redemption gift certificates.VI. PROMOTIONS

aLaCart Art promotions may not be combined with any other offers or your ticket.

Cancellation with aLaCart Art ticket/RSVP may happen any time, however, there are no refunds or credits for unused promotional tickets.

aLaCart Art may offer a number of special promotional tickets with different limitations. Some promotional tickets are offered by third parties in conjunction with the provision of their own products and services. aLaCart Art is not responsible for their products and services provided by such third parties. aLaCart Art reserves the right to modify, terminate or otherwise amend aLaCart Art promotional tickets at any time.

VII. BILLING

Purchasing a ticket, expressly authorizes aLaCart Art to charge a fee at the current rate for such ticket, and any other charges you may incur in connection with your use of the aLaCart Art event service to the Payment Method at the time of purchase, such as dining/beverage plus a 20% gratuity on unpaid venue receipts. Please, note that prices and charges are subject to change with notice and/or location. If not paid promptly a “service fee” of $25 will be charged for every attempt to collect unpaid charges, plus collection fees and legal fees.

Terms such as, “billing” indicates either a charge or debit, as applicable, against your Payment Method. The ticket charge will be billed on the day of purchase for the ticket; not on the day of the event.

Acknowledgement of the amount billed for each ticket purchased may vary from day-to-day for reasons that may include differing amounts due to promotional offers, or the amount for the specific event options, such as drink/food/model special offers and therefore authorize aLaCart Art to charge your Payment Method for such varying amounts, if applicable.

Ticket/RSVP fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED TICKETS. Tickets never expire. At any time, and for any reason, aLaCart Art may provide a refund, discount, or other consideration or credit to some or all of aLaCart Art’s guests. The amount and form of such credits, and the decision to provide them, are at the sole discretion of aLaCart Art. The provision of credits in one instance does not entitle you to credits in the future for similar instance, nor is aLaCart Art obligated to provide credits in the future, under any circumstance. aLaCart Art may change the fees and charges in effect, or add new fees and charges at any time, but will give advance notice of these changes via email.

Ticket fees will be charged to the Payment Method provided to aLaCart Art at the time of purchase for the ticket.

VIII. RIGHT TO TERMINATE

aLaCart Art reserves the right to terminate or restrict use of our service, without notice, for any or no reason whatsoever.

aLaCart Art does not warranty any of the events or materials used in the events, nor does aLaCart Art warrant the operation of the service.

IX. SOCIAL MEDIA

Connecting aLaCart Art to their Facebook or other social media accounts venue will enable various social features aLaCart Art may have or will have, as part of our service, as well as those provided by social media accounts. Social media venues are for the purpose of sharing with others, as an example, friends and others with access to view information on Facebook may be able to see you on aLaCart Art guest as well as what you have painted, with whom attended the event, and other information about the use of aLaCart Art event services. Conversely; friends connected with aLaCart Art will be visible, however we do not tag or provide any names. Please, review personal Facebook Connection settings in “Your Account” and Privacy Settings, which will impact this feature and may offer some control over the information shared and with whom can it can be shared or seen.

When connecting to any of aLaCart Art’s social media accounts, you are acknowledging and agreeing to consent to continued release of information about yourself in those accounts in accordance to your Privacy Settings in those accounts. Should you wish to have personal images posted removed, please contact info@aLaCartArt.com. aLaCart Art and social media venues continue to amend these features, therefore information shared may change over time without notice and may not be covered in these terms.

CUSTOMER REVIEWSaLaCart Art encourages you to post reviews of aLaCart Art events through the social media, while we reserves the right to promote, or remove commentary at any time without notice. Reviews are always welcome, negative feedback should always be addressed to: Customer.Service@aLaCart.com for resolution prior to any critical comments or otherwise objectionable content; personal information such as phone numbers, e-mail or postal addresses, personal attacks on aLaCart Art staff, misleading information regarding the origin of the content; or discussion of aLaCart Art policies or services. You understand and agree aLaCart Art may, but is not obligated to, review the content and may delete or remove it without notice at any time at the sole and absolute discretion of aLaCart Art, without any reason. Please, see “Use of Information Submitted” below.When submitting a review ALaCart Art will display the review, you are consenting to the release of all information in your review of an event in a public forum; other guests of the website or events of aLaCart Art event services. We encourage feedback and personal assistance as we continue to grow through Customer Service. Review of an event feature may change without notice and the associated information shared and functionality may also change without notice.

XI. AGE RESTRICTION

aLaCart Art events services are designed for an adult mindset; aLaCart Art may host in venues that have age restrictions and should not be attended by underage people, however aLaCart Art hosts in venues without age restrictions and may be attended by anyone, however parent must be present at all times and aLaCart Art in no way can or will be held responsible for their presence or what may occur in their presence. aLaCart Art event services is largely for a mature audience of the legal drinking age (or older) in the venues where the event is held. aLaCart Art is not responsible in any manner for people under the legal drinking age where an event is being held that is not a guest of aLaCart Art. In the event an aLaCart Art staff members believes an individual to be underage in an adult venue, aLaCart Art reserves the right to request a valid form of a picture ID or proof of age. Failure of a guest to provide a valid picture ID upon the request of a staff member of aLaCart Art shall result in the forfeiture of the guest’s ticket. Notwithstanding, aLaCart Art shall not be responsible for policing underage drinking and reserves the right to rely on the venue’s judgement in that regard. aLaCart Art will not be held responsible for children at an public event in any way. Parents may consider contacting our parent company Brainiac Arts for events more suited to a younger audience. aLaCart Art is not responsible for the for the overuse of alcohol at any aLaCart Art event. You hereby agree to hold aLaCart Art harmless and assume the risk of any damages suffered due to consumption or over-consumption of alcohol by any aLaCart Art guest. You also agree to fully indemnify aLaCart Art for any damages suffered by any aLaCart guest, including yourself, for which you or someone in your party are the proximate cause.

XII. VENUE

At an event, Third-Party Services (TPS), including, but not limited to food and beverage service from the venue where an event is hosted. These TPS are provided as a convenience to you, and aLaCart Art is not responsible for and does not endorse TPS provided by the venue. aLaCart Art guests are responsible for all additional charges they incur at your event, including, but not limited to food and beverage charges, unpaid charges will be addressed promptly and billed with a 20% handling fee in addition to all remaining charges and or fees.

TPS are not related to associated, or sponsored by aLaCArt Art. Some may use aLaCart Art logo in connection with an event. Some of these TPS may even use aLaCart Art logos in connection with your event. aLaCart Art is not responsible and does not endorse the content of these TPS as an independent personal judgment regarding these TPS. In using such TPS, acknowledges and agrees to the following: 1) your use of any TPS may cause personal information, such as a photo, to be publicly disclosed and/or associated with you even, if aLaCart Art has not provided such information, and 2) your use of any TPS is at your own risk. You agree to indemnify and hold aLaCart Art harmless for the sharing of information or the receipt of TPS relating to your event that results from your use of any TPS. Further you agree to indemnify and hold aLaCart Art harmless from all claims involving or relating to the provision of TPS. If you have any questions, concerns, complaints, or claims about a particular TPS, you should contact the support or contact personnel of the particular TPS provider; not aLaCart Art, unless otherwise indicated by aLaCart Art. aLaCart Art disclaims all liability from use of a TPS. You agree to defend and indemnify aLaCart Art for any and all claims as the result of the provisions by a TPS at your event.XIII. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILTY

aLaCart Art event services, aLaCart Art’s website, and all material associated herein any other features associated with an aLaCart Art event are provided with all faults and without warranties of any kind with respect to the aLaCart Art services, aLaCart Art website, and all content associated herein, any other features associated with aLaCart Art services and your event will have continuity and set protocol, and you agree aLaCart Art may alter features and or aspects of the aLaCart Art event services and your event without compensation or notice to you. aLaCart Art specifically disclaims liability for the use of TPS, all aLaCart Art paintings, and materials and equipment used. Without limiting the foregoing, aLaCart Art assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of aLaCart Art): 1) errors or omissions in the content delivered by aLaCart Art event services or on the aLaCart Art website or user interfaces; 2) recommendations or advice of Customer Service; 3) any failure or interruption in the availability of aLaCart Art event services and/or website or user interfaces; 4) delivery and or display of any content contained on the aLaCart Art website, or otherwise through aLaCart Art event services; and 5) any losses or damages that have arisen from the result of or related to your Event, the provision of TPS at your event, the consequences of the provision of TPS at your Event, or otherwise through aLaCart Art event services itself, including any losses or damages that arises from aLaCart Art services, website, material, equipment, your event, or TPS. aLaCart Art disclaims all representations and warranties, including warranties of satisfaction or quality of your painting. Additionally, aLaCart Art does not represent or warrant information via the website to be accurate, complete or current. aLaCart Art does not make any representations in respect to the content of an events from aLaCart Art event services or description of any event on the aLaCart Art website and user interfaces. aLaCart Art does not represent or guarantee use of aLaCart Art service to be free from interruption, and aLaCart Art disclaims any liability with respect thereof. No oral or written information or advice given by aLaCart Art or aLaCart Art’s authorized representative shall create a warranty or otherwise constitute a representation binding upon aLaCart Art or Brainiac Arts, Inc.

IN NO EVENT SHALL ALACART ART, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EVENT ARTISTS, EVENT ASSISTANTS, AND SUCCESSORS OR ASSIGNEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ALACART ART SERVICES, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO ALACART EVENT SERVICES, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREIN. IN NO CIRCUMSTANCE SHALL ALACART ART’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM ALACART ART EVENT SERVICES, ALACART ART’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH ALACART ART EVENT SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.XIV. INTELLECTUAL PROPERTY

The aLaCart Art logos terms and aLaCartArt.com are sole property of aLaCart Art and Brainiac Arts, Inc. The website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of aLaCart Art. The logo aLaCart Art may not be used or reproduced without prior written approval from aLaCart Art and Brainiac Arts, Inc. and may not be used in connection with any product or service that is not affiliated with aLaCart Art, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of aLaCart Art, or in any manner that disparages or discredits aLaCart Art. Other trademarks appearing on the website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by aLaCart Art and Brainiac Arts Inc. Any images of people or personalities contained on the website are not an indication or endorsement of aLaCart Art or any particular product or our service unless otherwise indicated.

You agree that aLaCart Art is and shall remain the sole owner of all rights, titles, and interest in and to any and all ArtWork, and you shall only have the limited right to utilize ArtWork for your event and/or the promotion of an event, and for no other purpose. At the conclusion of your event, your painting is yours to keep. You further agree that you will not reproduce, copy, or otherwise distribute for profit the image you painted or any reproduction thereof.

You acknowledge that you do not have, acquire or retain any rights to any such ArtWork after the end of your Event (or after repeat Events utilizing the same ArtWork).

You acknowledge that any pictures taken at your event by aLaCart Art, an Resident Artiste, assistant, or an aLaCart Art’s licensee, agent or employee of a licensee, which depicts in any manner the ArtWork, the set-up of any event, the participants or Resident Artiste or staff at your event, you, or the materials, equipment, supplies or marketing materials related to aLaCart Art and /or Brainiac Arts in any way shall become the property of aLaCart Art and Brainiac Arts, Inc., may not be reproduced or utilized except as authorized by aLaCart Art, and aLaCart Art is free to use all such materials at sole and absolute discretion of aLaCart Art, including altering any portions of any such pictures.

ENTERTAINMENT AND SERVICE CONTENT aLaCart Art provides entertainment services and reserves the right to display, promote video, pictures, of the entertainment and other information through event service venues, including the website and user interfaces, i.e. Facebook or other social media venues, to you and others in any and all manners aLaCart Art chooses in its sole and absolute discretion. Additionally, event services allows you and other third parties to post reviews or comments concerning the entertainment value distributed by aLaCart Art in social media or TPS accounts. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the services are those of the respective authors or producers and not of aLaCart Art, or its members, directors, officers, employees, attorneys, affiliates, successors, or assignees. Under no circumstances shall aLaCart Art or Brainiac Arts, Inc., or its members, directors, officers, employees, attorneys, affiliates, successors, or assignees be held liable for any loss or damage caused by your reliance on information obtained through the service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the services.XVI. USE OF INFORMATION SUBMITTED

aLaCart Art is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to aLaCart Art via feedback, including responses to questionnaires or through postings to aLaCart Art event services, including the website, without any compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving aLaCart Art event services. aLaCart Art may also share your information with third parties for purposes of the aLaCart Art business. Furthermore, by posting any feedback on the website, submitting feedback to aLaCart Art, or in responding to questionnaires, you grant aLaCart Art a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to a sub-license of such right, and right to display, use, reproduce or to modify the feedback submitted in any media of any kind now existing or developed in the future.

Note: aLaCart Art does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to aLaCart Art. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against aLaCart Art, its members, directors, officers, employees, attorneys, affiliates, successors, or assignees regarding the use of such materials and ideas, even if materials or ideas are used that are substantially similar or identical to the material or idea you sent.

XVII. SERVICE TESTING

From time to time, aLaCart Art tests various aspects of the event services, including the website, user experience, service levels, plans, promotions, pricing, availability of venues, delivery, and features. aLaCart Art also reserves the right to include you in or exclude you from these tests without notice.

XVIII. CUSTOMER SERVICE

If, assistance is required you may find answers by writing to Customer Service at any time. Also you can visit aLaCart Art’s FAQ page at About Us/FAQS where you will find the answers to frequently asked questions.

XIX. YOUR CONDUCT WHEN ACCESSING ALACART ART EVENT SERVICES

By accessing aLaCart Art event services, including the website, you agree to use the aLaCart Art event services, including all features and functionalities associated therein, the website and user experience and all content associated therein is in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of said services or content therein. You also agree not to interfere with the Resident Artist, Artist Assistants, customers or anyone connected to any portion of the aLaCart Art event services, or to violate any of the procedures, policies or regulations of establishments or venues connected with the aLaCart Art event services. You also agree not to impersonate any other person while using the aLaCart Art event services, conduct yourself in a vulgar, disparaging or offensive manner while using the aLaCart Art event services without relinquishing your ticket for the evening or use aLaCart Art event services, is not permitted or for any unlawful purpose.

XX. LINKS AND PAGES

Some hyperlinks on the website may lead to other websites or other content that are not controlled by, or affiliated with, aLaCart Art. In addition, other websites may link to aLaCart Art’s website or aLaCart Art may include links to the websites of businesses, including those that have associations with aLaCart Art through various venues and online. These pages may provide links to third parties. aLaCArt Art has not reviewed these websites and you agree aLaCart Art is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. You acknowledge and agree aLaCart Art is not responsible or liable, and does not otherwise warrant, the actions of third parties, product or content on their websites. These linked websites have separate and independent privacy policies, notices and terms of use, which aLaCart Art recommends reading carefully.

XXI. PROMOTIONS WITH TICKET/RSVP CODES

Promotional codes may be redeemed on our website. Promotional codes can only be used once and will not be redeemed for cash, resold or combined with any other offers for any one group of guests or individuals. A valid Payment Method will be required when redeeming the promotion code. aLaCart Art will bill your Payment Method automatically. Promotional codes cannot be used in conjunction with your gift ticket purchase. A single promotional ticket for 4 may be used for any group of guest at any one time. Promotional tickets may not be used for any Private Event. Group of 5 or more may request a special code for additional guests.

XXII. ARBITRATION AGREEMENT

You and aLaCart Art agree that any dispute, claim, action, or controversy arising out of or relating in any way to an aLaCart Art event services, including the website, user interfaces, these Terms, the ticket you purchase, and the event shall be determined by binding arbitration instead of in courts, in accordance with the American Arbitration Association’s Consumer Arbitration rules. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. You, including all event attendees for whom or who actually utilize the ticket/RSVP purchased by you, an event guest, and aLaCart Art agree the interpretation and enforcement of this provision, and that you and aLaCart Art are waiving the right to a trial by jury or to participate in a class action suit. This arbitration provision shall survive termination of these terms and the conclusion of the event.

If arbitration is sought, you must first send to aLaCart Art, by certified mail, a written notice of such claims. The notice to aLaCart Art must be addressed to: aLaCart Art Legal Dept, Brainiac Arts Inc, 12570 Orange Grove Blvd West Palm Beach, FL 33411. The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated.

YOU, INCLUDING ALL EVENT ATTENDEES, AND ALACART ART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and aLaCart Art agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

XXIII.GOVERNING LAW AND VENUE

The terms and the policies and procedures set forth on the website and any and all disputes between you, including all event attendees, and aLaCart Art shall be governed in accordance with the laws of the State of Florida without regard to conflict of laws principles, and, as necessary the laws of the United States of America.

You and aLaCart Art agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with your purchase of your event ticket/RSVP shall be arbitrated, as set forth in other such arbitration as may be agreed to by you and aLaCart Art in writing.

Governing Law and Venue provision shall survive termination of these terms and the conclusion of the event.

In the event the agreement to arbitrate is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, you and aLaCart Art agree that any action or proceeding involving any dispute arisen from or in connection with your event, these terms, policies and or procedures set forth on the website shall be brought only in the State of Florida, and you and aLaCart Art and Brainiac Arts, Inc. hereto irrevocably consent and submit to the exclusive jurisdiction within the State of Florida in respect of any such proceeding before the state or federal courts located in West Palm Beach, FL.

XXIV. WAIVER OF RIGHTS

The failure of aLaCart Art at any time or times to demand strict performance of any of the terms, covenants, or conditions set forth herein shall not be construed as a waiver or relinquishment thereof and aLaCart Art may at any time demand strict and complete performance of said terms, covenants and conditions.

XXV. SIGNIFICANCE OF HEADINGS

Section headings contained within these terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these terms, it is to be construed as though such section headings have been omitted.

XXVI. SEVERABILITY

If any provision of these terms is held to be unenforceable or illegal, such provision shall be severed from these terms, and all other provisions set forth herein shall remain in full force and effect.

XXVII. NO ADVERSE CONSTRUCTION

You agree that in the event of any ambiguity in these terms, there will not be any adverse construction against aLaCart Art or Brainiac Arts on the grounds aLaCart Art and Brainiac Arts, Inc. drafted these terms.

XXVIII. SURVIVIAL

Both you and aLaCart Art’s obligations in these terms, which by their nature, have significance after the conclusion of the purchase of your event ticket/RSVP and attendance at the reserved event, shall survive the termination or expiration of these terms and the conclusion of the purchase of your ticket/RSVP and attendance at the event.

XXIX. AUTHORITY

You represent and warrant you have the full right, power, and authority to enter into these terms on behalf of yourself and any of the event guests.

XXX. FURTHER ASSURANCES

You agree that you shall, at the request of aLaCart Art and Brainiac Arts, Inc., execute and deliver such documents, certificates, and other writings, and take such other actions as may be necessary or desirable, to accomplish the goals of these said terms.

XXXI. FORCE MAJEURE

Neither you nor aLaCart Art shall be liable for the failure to perform any of the obligations hereunder (other than the payment of money) during any period in which such performance is delayed by fire, flood, earthquake, other natural disaster, war, embargo, riot or the intervention of any government authority, provided that the party that is unable to perform immediately notifies the other party of such inability.

XXXII. ELECTRONIC TRANSACTIONS

You agree to conduct transactions, including, but not limited to the purchase of your ticket and the acknowledgement of said terms and future transactions, by electronic means.

XXXIII. DEFENSE AND INDEMNITY

You agree to defend, indemnify, and hold aLaCart Art and Brainiac Arts, Inc. harmless with respect to 1) all disputes, claims, actions, or controversies related in any way to the purchase of your ticket and 2) all disputes, claims, actions, or controversies related in any way to any event guest’s or guests’ attendance of an event, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys’ fees incurred by aLaCart Art that are related to such circumstances.

aLaCart Art PRIVACY POLICY

This Privacy Policy was last updated on: February 20, 2016.

This Privacy Policy (“Policy”) sets forth the privacy policies that apply to your use of http://www.aLaCartArt.com or any of our other websites (collectively, the “Site”) and any other services or products and any related software applications (collectively, the “service”) offered and/or operated by aLaCart Art (“aLaCart Art” or “we” or “our” or “us”). By visiting our site or otherwise signing up for and/or using our service, you are subject to these privacy policies.

aLaCart Art is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. This Policy outlines the type of information that we collect and receive from you while you are using our site or other services. Additionally this Policy identifies the ways in which we process, and sometimes share, such information and what control and choices you have with regard to the collection and use of personal information. Please review this Policy carefully, especially before providing any personal information through our site or other service. Our site and service are operated in and controlled in the United States of America. If you have any questions about this Policy or don’t see your concerns addressed here, please use the contact information provided at the end of this Policy to contact us.

What this Privacy Policy Covers: The practices described in this Policy only apply to the following:

Information collected online on this site.

What this Privacy Policy Does Not Cover: This Policy does not cover any of the following:

Information you give to us offline, an example would be when you send a letter to our business address or leave a message on our voicemail system.

This Policy is posted on our website for your review and from time to time as part of providing information in connection with this website or other services, we may provide you with a short notice reminding you to refer to this Policy and other relevant information from us when using the website or other services.

PLEASE REVIEW THIS POLICY AND THE TERMS OF USE FOR THIS SITE AND/OR SERVICE CAREFULLY. YOUR USE OF THIS SITE AND/OR SERVICE SIGNIFIES YOUR AGREEMENT TO SUCH POLICY AND TERMS OF USE.

WHAT TYPES OF INFORMATION ALACART ART COLLECTS
Our objective is to collect and use only the information required for our legitimate business interests, in an effort to better service and understand your interests, and to improve your experience using our website or other services. To do so, we collect the following types of information:

Personally Identifiable Information– Personally identifiable information is any information that identifies a living individual, such as your first and last name, mailing address, phone number, mobile phone number email address, photograph, credit/debit card number and expiration date (or other payment-method information), login ID, member name and password and other information about a specific individual that identifies the individual (“Personally Identifiable Information”). When you sign up for or use the website or other services, aLaCart Art collects some of Personally Identifiable Information from you. Unless stated otherwise at the point of collection, we will treat any such Personally Identifiable Information that you submit about other people in accordance with this Policy.

HOW ALACART ART USES INFORMATION

Personally Identifiable Information.
We will use your Personally Identifiable Information for the purposes for which it was provided only. An example: aLaCart Art may use your Personally Identifiable Information to notify you of changes to the event for which you have requested attendance, to let you know about special opportunities and other events in which you may be interested, and to request your participation in surveys or other promotions. All of our newsletters and other email marketing communications also include an “unsubscribe” link that may use to discontinue emails being sent.

Aggregate InformationaLaCart Art also combines your usage information for the website or other services with other users (“Aggregate Information”) to determine which features and areas of the website or other services are more popular. Aggregate Information does not contain anyone’s Personally Identifiable Information. By collecting and analyzing this data, aLaCart Art can better serve our guests and improve the website or other services.

Interest Based Advertising– aLaCart Art may show you advertisements based on information we collect, or agencies that aLaCart Art utilizes, collected or received about your activities and interests based on your online activities or on event guest sign-in sheets offered to our guests about themselves. aLaCart Art also does not target advertisements to users based on sensitive health data, including cancer, mental health-related conditions, and sexually-related areas. If you don’t want to receive interest based advertising you can unsubscribe at any time.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

Social Media Plug-Ins and Sharing with Other Sites You May Authorize

Social media plug-ins in social networks, which may include but are not limited to Facebook, Yelp, Tumblr and Pinterest, may be integrated into our website and other Services. Where our website or other services contain a plug-in to a social networking site, these are indicated with a corresponding icons. If you choose to click on one of these icon or links, your browser will directly connect to the servers of the relevant social networking site. The social media network directly transmits the content of the plug-in to your browser. aLaCart Art assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware and comfortable with the privacy policies of any third parties you authorize to gather information about aLaCart Art.

THIRD PARTY ADVERTISING AND LINKS TO OTHER SITES

aLaCart Art does not control the privacy policies of third parties that have web sites linked to our website. When clicking on an advertisement or link, the privacy policies of their website will govern the use of your information by that website’s operator. aLaCart Art assumes no responsibility or liability for the actions of such third parties with respect to their use of your information. Accordingly, be certain you are aware and comfortable with the privacy policies of any third-party websites links.

GUIDELINES REGARDING CHILDREN (COPPA)

aLaCart Art is designed for use by a mature audience. While many of our events are in establishments that do not have an age requirements some of the events are located in a bar or night club and children are prohibited from attending events in those venues. Please send inquiry from the “event details” should there be a question. aLaCart Art is the adult program of Brainiac Arts, which is the children’s program for the ages between 6-16 years of age. Parents are required to be present at all times, when attending an event in any public venue. Parents must take responsibility for their children presence. aLaCart Art cannot be responsible for any and all aspects of the things children may see or hear at any public venue while attending an aLaCart Art event. Please make inquiries for children’s events at Brainiac Arts. In various places on the website or other services, we may ask users for their age. Persons under 21 are expressly prohibited from submitting any Personally Identifiable Information (as defined below) to us, and if we discover we have inadvertently gathered any such information from a person under 21, we will take appropriate steps to delete it.

HOW WE PROTECT AND SECURE YOUR INFORMATION

We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the Personally Identifiable Information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss which is beyond our control. While we strive to protect your Personally Identifiable Information, we cannot ensure or warrant the security of any Personally Identifiable Information you transmit to us. Any transmission is done at your own risk. Accordingly, aLaCart Art assumes no responsibility or liability for disclosure of your information (personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond aLaCart Art’s reasonable control.

APPLICABLE LAW

We control and operate the website and any other service from the State of Florida, USA. The interpretation and application of this Privacy Policy shall be governed by the laws of the United States and the State of Florida without regard to its conflict of law provisions. This website or other services is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the state of Florida. Please note: we do not represent or warrant that the website or other services is appropriate for use in any particular jurisdiction. Those who choose to access the website or other services do so at their own initiative and are responsible for complying with all local laws, rules and regulations. If you are located in a country outside the United States and submit personal information to us, you are consenting to the transfer, processing, storage and use of that information in the United States as provided by this policy.

ACCEPTANCE OF THIS PRIVACY POLICY

When you use the website or other services, you are accepting the terms and conditions of this policy, and aLaCart Art will have the right to use your Personally Identifiable Information or other information about you as described in this policy. If you do not agree to have your information used in any of the ways described in this policy, you must not use the website or other services and you must follow the opt-out provisions above. If you have questions or concerns about this policy, please contact Customer Service or write to aLaCart Art at the contact address listed below.

CHANGES TO THIS PRIVACY POLICY

From time to time, we may revise these policies to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. Any changes to this policy will become effective upon posting of the revision on the Internet, accessible through the website. Continued use the website or other services following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this policy, as it may be amended from time to time, please do not continue to use the website or other services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to this policy would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid this policy being deemed illusory or unenforceable.

TERMS OF USE

Your access to and use of the website or other services is also subject to the Terms of Use.